Kerala High Court
M/S. S.S Granites vs The Geologist on 27 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.37332/2024 1/4 Order Date : 27-02-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 27th day of February 2025 / 8th Phalguna, 1946
WP(C) NO. 37332 OF 2024
PETITIONER:
M/S. S.S GRANITES, HOUSE NO. 322/12, KURANGOLITHADATHIL, KARIMPANA
P.O, KOOTHATTUKULAM, ERNAKULAM, REPRESENTED BY ITS MANAGING
PARTNER, SRI. SABU VARGHESE., PIN - 686662
RESPONDENTS:
1. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
ERNAKULAM , PIN - 682030
2. THE DIRECTOR, MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM,
PATTOM PALACE P O, TRIVANDRUM, PIN - 695004
3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIES
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA KERALA),
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL
COMPLEX, THIRUVANANTHAPURAM , PIN - 695001
5. KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE (ERNAKULAM -
2), PMC 20/7331, GOVT.HOSPITAL - KSRTC ROAD, NEAR KALLUNKAL
AUDITORIUM, PERUMBAVOOR, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER ,
PIN - 683542
6. THE SECRETARY PALAKKUZHA GRAMA PANCHAYAT, PALAKKUZHA, ERNAKULAM, PIN
- 686662
7. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, NEW DELHI, REPRESENTED BY ITS DIRECTOR , PIN -
110993
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to 1) stay the operation of ext.p19 judgment to the extent it
directs that, the mining by lease holders who have been granted
environmental clearance by deiaa shall not be allowed to operate, if no
appraisal /reappraisal is made by seiaa within 3 months from the date of
ext.p19 judgment; 2) stay the operation of ext.p20 o.m to the extent it
states that, the inability to reappraise clearances by the seiaa would
lead to such mining leases being not allowed to operate as the
environmental clearances in such cases to be considered as illegal. 3)
respondents 1 and 2 to issue movement permits and transit passes to the
petitioner and also permit the petitioner to access the kompas, without
insisting for any reappraisal of the environmental clearance,
provisionally, pending disposal of the above writ petition, forthwith; 4)
direct the 5 th respondent, to extend the validity of integrated consent
to operate for the period applied for, provisionally, without insisting
for any reappraisal of environmental clearance as a condition precedent,
pending disposal of the writ petition, forthwith; 5) direct the 5 th
respondent, to extend the validity of licence for the period applied for,
WP(C) No.37332/2024 2/4 Order Date : 27-02-2025
provisionally, without insisting for any reappraisal of environmental
clearance as a condition precedent, pending disposal of the writ petition,
forthwith;
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. PHILIP J.VETTICKATTU, NEENU BERNATH & SAJU S. DOMINIC, Advocates for
the petitioner, the court passed the following:
WP(C) No.37332/2024 3/4 Order Date : 27-02-2025
T.R. RAVI, J.
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W.P.(C) Nos.7489/2024, 32922/2024, 46092/2024,
7646/2024, 35102/2024, 35316/2024, 36318/2024,
36338/2024, 36376/2024, 36479/2024, 36597/2024,
36737/2024, 37184/2024, 37200/2024, 37332/2024,
37504/2024, 37510/2024, 37841/2024, 37999/2024,
38083/2024, 38180/2024, 38195/2024, 38236/2024,
38333/2024, 38335/2024, 38380/2024, 38432/2024,
38452/2024, 38456/2024, 38501/2024, 38528/2024,
38623/2024, 38663/2024, 38669/2024, 38671/2024,
38809/2024, 38838/2024, 38863/2024, 39078/2024,
39124/2024, 39207/2024, 39214/2024, 39391/2024,
39452/2024, 39480/2024 39617/2024, 39745/2024,
39749/2024, 39773/2024, 39786/2024, 39804/2024,
39869/2024, 39977/2024, 40022/2024, 40038/2024,
40050/2024, 40172/2024, 40258/2024, 40311/2024,
40361/2024, 43510/2024, 42579/2024, 42685/2024,
43486/2024, 40768/2024, 40755/2024, 40763/2024,
40750/2024, 42428/2024, 40760/2024, 40757/2024,
40758/2024, 41719/2024, 44332/2024,45479/2024,
45920/2024, 46185/2024, 424/2025, 653/2025,
842/2025 & 847/2025.
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Dated this the 27th day of February, 2025
ORDER
Post on 06.03.2025 along with connected cases. A request
may be made for posting the cases, if the Hon'ble Supreme Court
passes any orders in the meanwhile.
Interim order stands extended till 31.03.2025.
Sd/-
T.R. RAVI,
JUDGE
S.M.K.
WP(C) No.37332/2024 4/4 Order Date : 27-02-2025
APPENDIX OF WP(C) 37332/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE
EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT,
DATED 22/02/2019
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE ISSUED BY THE DISTRICT ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY, BEARING EC NO.
DIA/KL/MIN/12528/2018 DATED 10/12/2018
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE
LICENSE, BEARING NO.E/SE/KL/22/270(E126207) VALID FROM
01/03/2024 UPTO 31/03/2029 ISSUED BY THE DEPUTY CHIEF
CONTROLLER OF EXPLOSIVES, ERNAKULAM
Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE INTEGRATED
CONSENT TO OPERATE - RENEWAL ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD, DATED 13/04/2024, VALID UPTO
27/10/2024, BEARING FILE NO.
KSPCB/ER2/ICO/10064861/2024
Exhibit P5 TRUE COPY OF RECEIPT DATED 01/04/2024 ISSUED BY THE 5TH
RESPONDENT SHOWING THE REMITTANCE OF FEES FOR RENEWAL
OF CONSENT TO OPERATE
Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF THE LICENSE BEARING
NO. A7-643/24, DATED 17/04/2024, WHICH IS VALID FROM
29/04/2024 UPTO 27/10/2024 ISSUED BY THE 6TH RESPONDENT
Exhibit P7 TRUE COPY OF RECEIPT DATED 22/03/2024 ISSUED BY THE
OFFICE OF 6TH RESPONDENT
Exhibit P8 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022, ISSUED BY
THE MOEF
Exhibit P9 TRUE COPY OF THE G.O NO. 1257/2023/ID DATED 14/12/2023
Exhibit P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO. 41067/2023, DATED 11/12/2023
Exhibit P11 TRUE COPY OF THE LATEST MOVEMENT PERMIT BEARING NO.
ERN/QL/2018-19/786/MP-9/2024/90714, DATED 23-04-2024
ISSUED FOR A PERIOD UPTO 27/10/2024
Exhibit P12 TRUE COPY OF THE OM. DATED 28/04/2023 ISSUED BY MOEF
Exhibit P13 TRUE COPY OF THE ORDER PASSED BY THE NATIONAL GREEN
TRIBUNAL, DATED 7-12-2022 IN O.A.NO.142/2022 IN JAYANTH
KUMAR V. MOEF & CC
Exhibit P14 TRUE COPY OF THE SOP DATED 15-1-2024 ISSUED BY THE MOEF
Exhibit P15 TRUE COPY OF THE O.M., DATED 15-3-2024 ISSUED BY THE
MOEF, IN PARTIAL MODIFICATION, OF O.M DATED 03/11/2023
AND EXTENDING THE TIME FOR REAPPRAISAL
Exhibit P16 TRUE COPY OF THE INTERIM ORDER DATED 24/07/2024 PASSED
BY THIS HON'BLE COURT IN W.P.(C) NO.25996/2024
Exhibit P17 TRUE COPY OF THE JUDGEMENT DATED 29/08/2024 PASSED BY
THIS HON'BLE COURT IN CONTEMPT CASE NO. 2086/2024
Exhibit P18 TRUE COPY OF THE SCREENSHOT, TAKEN FROM THE PARIVESH
PORTAL SHOWING THE SUBMISSION OF APPLICATION DATED
09/07/2024 FOR REAPPRAISAL
Exhibit P19 TRUE COPY OF THE JUDGMENT PASSED BY THE NGT IN O.A
142/2022, DATED 08/08/2024
Exhibit P20 TRUE COPY OF THE O.M DATED 14.10.2024 ISSUED BY MOEF
